(HC) Rodriguez v. On Habeas Corpus

Caution
United States District Court, Eastern District of CaliforniaAugust 13, 20191:19-cv-00965California2,790 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ADRIAN RODRIGUEZ, Case No. 1:19-cv-00965-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

UNNAMED, SUMMARILY DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

Respondent. [30-DAY OBJECTION DEADLINE] 16 Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation at Kern Valley State Prison. In this habeas petition, he challenges a disciplinary hearing held on February 5, 2018, in which he was found guilty of distribution of a controlled substance. The Court has conducted a preliminary review of the petition and finds that Petitioner has failed to name a proper respondent, failed to exhaust state remedies, and failed to state a cognizable federal claim. It is clear that Petitioner is not entitled to habeas relief. Therefore, the Court will recommend the petition be SUMMARILY DISMISSED. DISCUSSION A. Preliminary Review of Petition …

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